Documenting Human Rights Abuses in Nevada´s Prisons

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Monthly Archives: November 2010

Ely State Prison is a place of death, stagnation, misery, pain, loneliness and indeterminate lockdown. If you were to take a walk on one of these depressing tiers back here in “the hole”, you would hear many disembodied voices ring out, yelling in anger and frustration, trying to tell you how bad it is for us in here, in between the isolated confines of steel and stone.

This is a maximum security prison, but not everybody here is a security risk, but if you were to ask these pigs that, they’d probably tell you otherwise, just to try to justify the fact they’re keeping us warehoused in here, whether we deserve it or not. With time things change, and usually for the worse. Deterioration is a normal occurrence in here. In fact, if you were to ask the prisoners around here if they think the conditions here will get better or worse, most of them will tell you things are only going to get worse. Pessimism and hopelessness permeate the minds and attitudes of the average prisoner in here. There’s nothing much to look forward to, besides the next meal, and maybe a letter in the mail, if you’re lucky.

Back in the day, ironically when E.S.P. was actually opened up (when we were allowed group yard, tier time, porters, etc.), the majority of the prisoners here were actually befitting of the status: maximum security. Back then, a man was sent to Ely State Prison for failure to adjust in another, less secure prison, violence, escapes and things of that nature. But even then, that could also mean he was disruptive, someone who organized other prisoners, led religious services, or filed too many legal writs or grievances.

Not every man at ESP is told why he’s here these days, and not every man here has committed a violent crime. Not every man here has done anything serious to even warrant maximum security status (like for example, I have a neighbour here in the hole with me right now who was transferred up here simply for contraband). A prisoner has no chance to appeal a transfer before being sent to ESP, and sometimes arrives in the middle of the night without warning. Brought into a world of darkness, locked into a cell, left to get stale and stagnant as he deteriorates, like a mouldy piece of bread.

Nobody belongs in a world where they’re buried alive, where they’re in a tomb for the dead, basically. And the police has total control, and many of them frequently abuse that control, either on a psychological level, or on a physical level. And over the days, weeks, months and years, a prisoner who is confined to this every day misery, begins to degenerate. I’ve seen it happen, over and over again. Nobody belongs in a world like this, where death permeates the atmosphere. Where pressure is applied so constantly that all it does is make these men hard and mean as time goes by.

Some of these guys in here feel they only have 2 or 3 choices now: escape, snitch or suicide. Nobody has escaped from here yet, but many turned into snitches, and many have committed suicide. And others have succumbed to psychotropic medications, which is a form of both escape and suicide. For so many of us in here, there’s nothing to strive for, no aim, no goals, no hope, no light at the end of their tunnel, and they just give up; give in. There’s no love here, just the artificial love that you’ll find in the gang culture of prison life. This is a terrible place to be, especially for someone who has to return back to society.

All you have to do is read a little psychology to figure out what’s going on, to understand what’s being done to us in here. They try to break us down, sever our family and social ties, dominate us, talk shit to us, treat us like children, going out to their way to try to keep us stagnant and ignorant, and always out to break our spirits. Needless to say, I pass around books, articles and notes on psychology, so that prisoners can get a deeper understanding about things. Not just about being in prison, but also about how our minds work, personality, emotions, why we act the way we act, and why we are the way we are. It’s very important to actually be able to come to an understanding of these things; to raise our level of conscious and to be able to elevate our thinking under these circumstances is very important in more ways than one, and it’s also necessary for our survival in here, where psychological warfare is being waged on us every day.

The depravity and despair in this graveyard continuously pushes men to death or insanity. I wrote an article on November 18th, 2009, about the mysterious death of death row inmate Timothy Redman. November 18th, 2009, was the day he died, and I was there when it happened. This is a prime example of the daily depravity that takes place in this hellhole. Approximately an hour after Redman allegedly tried to grab a correctional officer by the wrist and pull his arm through the food slot (apparently the pig had to struggle to free himself), an extraction team of officers was made up to physically and forcefully remove Redman from his cell, or at least to try. Redman refused to surrender and to be placed in handcuffs, and he did so by displaying a weapon. What’s cold about this whole thing is that the policy (administrative regulation) even states that any time a prisoner has a weapon in his cell, his water and toilet is to be shut off, an officer is to be stationed outside of his cell, and nothing is to come in or go out of his cell – not even meals, and this officer is supposed to stay stationed outside of his cell until the prisoner either gives the weapon up, or for 72 hours, and then they have to decide what to do from there, whether excessive force is to be used or not. Did this happen? No. These pigs refused to follow their own rules and a man died as a result.

I can tell you exactly what took place. After Redman refused to surrender, the pigs then proceeded to spray one can of pepper spray into his cell. After that the senior officer in the control bubble commenced to open Redman’s cell so the pigs could run in there on him and retaliate, and then remove him from his cell. But the cell door was jammed from the inside, and they couldn’t get it open. Obviously Redman was no dummy, he knew how to keep the pigs out, and he knew why it was so important to do so. That’s a situation that you usually don’t win. They come in and beat your ass, and after they’ve got you fully restrained, they beat you some more as they yell out “Stop resisting! Stop resisting!” So, over the course of two hours, the pigs emptied a total of 6 canisters of gas into Redman’s cell, and then sprayed a seventh canister one time. They would spray him, and then go hide out in the upper storage room, so that the gas wouldn’t affect them (Redman was housed in 3-B-48, right next to the upper storage room). When they were finally able to open Redman’s cell to get him out, he was dead. His face was purple, his body was blue and blood was coming out of his nose. His boxers were stained with feces and urine and he had what appeared to be a smile on his face. The nurses and doctors tried to revive him, but to no avail.

What’s mysterious about this whole situation was that when they pulled Redman out of his cell, there was no rope tied around his neck or anything. But they say he hung himself. They said it was a suicide. But did he really hang himself, or was he murdered by six cans of pepper spray? Was it a cover-up? People need to be concerned about this, and they should demand to see the video footage of the extraction, just to make sure, because the whole thing seemed mysterious to the majority of the inmates who saw the incident take place.

All seem to agree that Redman died from the pepper spray. They think he was murdered. Who knows what happened. All humans are capable of murder, and death row inmates have been murdered before under McDaniel’s administration. I know this much: a couple of hours after they carried Redman’s body out of the unit, 2 of the wardens, the coroner, and the investigator were all standing outside of Redman’s cell laughing, smiling and joking around, thinking it was funny, until a prisoner piped up and said, “What are you laughing at? If that was one of your own who died, you wouldn’t find it very funny, now would you?” They got quiet. But it seemed like they were happy to see Redman die. At dinner time, a guard who was on the extraction team came into the unit and yelled out loud, so everybody could hear, “Cell 48 said he doesn’t want his tray.” It just goes to show how much regard these pigs have for our lives. They have no love, no mercy for us. The whole scene was a blatant violation of the administrative regulations and a blatant disregard for Redman’s life. And the really cold, cold, part about it was, when the coroner asked the warden, on two separate occasions, “How should I decide this?”, “How do you think I should decide this, suicide or murder?” The warden looked around, seen that prisoners were standing alert at their doors and said, “I can’t decide that, that’s your job.” But what would even propel the coroner to ask such an odd question like that in the first place? It makes you wonder…

I knew Redman personally. He wasn’t really a friend of mine, but someone I talked to occasionally. I don’t know what set him off to go after the pig, but I do know this: Redman was a death row inmate who has had to endure 23-hour lockdown while on H.R.P. (High Risk Potential status: supermax custody level) for 16-17 years straight. I’ve heard him talking once about how year after year administration is stripping one privilege away from us each year. Tobacco, milk, scrambled eggs, hot lunches, food packages, clothing packages, etcetera, etcetera. They just take, take, take and keep you locked down in a cell with a death sentence hanging over your head. Oh yeah, and I know that they were messing with Redman’s mail too. He seemed to think that his wife left him due to this; because certain letters never got to her. So, I think it’s safe to say, with all these things taken into consideration, you have a man who has nothing to lose, and no hope in sight, who has basically been driven to a point where life doesn’t even matter anymore.

There’s a lot of people like that in here. They weren’t always like that though. They’ve deteriorated, and have been broken, and just stopped trying, stopped caring, with no one or nothing to help pull them through. It’s a sad, sad story, about depravity and despair. Some of us fight and struggle (psychological and spiritually), trying to make it through this, trying to better ourselves and better our positions in life, and some just give up all hope. It’s easy to give up in a filthy, foul-ass place like this, where nobody cares about what you’re going through, or about where happens to you, one way or another.

The guards that work here don’t care about us, they’re not trained to care about us, they are only trained to control us. Ely State Prison is an unproductive, unhealthy environment, even for these pigs. It has been documented that prison guards have the highest rates of heart disease, drug and alcohol addiction, divorce – and the shortest lifespans – of any state civil servants, due to the stress in their lives. Prison guard are in constant fear of injury by prisoners, and the fear of contracting diseases always lingers in their minds, since prisons are normally flooded with all kinds of diseases, from hepatitis C, tuberculosis, to AIDS.

From the first day in the academy these guards are trained to believe that they are taught to believe that they are the “good guys” and that prisoners are the “bad guys”, They are pretty much programmed into fearing and despising us – before they even come into contact with any of us! They are led to believe that all prisoners are manipulative, deceitful and dangerous, and that all prisoners are the scum of the Earth. So no, they don’t care about us, they are not even allowed to care about us. We are not even human to them. Needless to say, none of this leads to rehabilitation, but on the contrary, it only contributes to the everyday depravity here in this hellhole.

I’m writing about all of this for a reason though. I’m here to expose the abuse, the injustices, the disparity and hopelessness. I’m here to raise awareness about all of these things, and I’m here to help seek solutions. One of the things I’d like to help Nevada prisoners understand is that the situation for us out here is deplorable. There is a real problem with this whole system, and if we don’t recognize these problems, we will never find solutions, not to mention the possibility that we ourselves could even be contributing to many of these problems. Please believe, the way they’ve got us doing our time is not the way we’re supposed to be doing our time. This whole prison is “the hole”, there’s no general population here at E.S.P., there’s no incentive, no programs, no rehabilitation, nothing. We have way more coming to us than this! We are not supposed to just lay down and accept this, we have to start finding ways to come together, we have to start striving to make the necessary changes that will help better our positions in life, so that we don’t have to keep coming back to these dead ends.

Furthermore, like Ikemba always says, there’s no real level of activism in Nevada. Prisoners do not have any available resources, bookstores for Nevada prisoners, no prisoners’ rights advocacy groups, no solid help from the outside, whatsoever. In order to make changes on the inside, we need support from the outside. We must take it upon ourselves to build a proper support structure for Nevada prisoners, and we have to do this from the ground up!

So, if you’re a prisoner doing time in Nevada and if you have family/friends out here in Nevada – or anywhere else on the outs – I would like to encourage you to explain to them how bad the situation is for you/us in here. Let them know that we cannot expect any type of real rehabilitation from this system; explain to them that the administration is not going to do anything to help us further our growth and development, or push us close to becoming reformed, socially functioning individuals. We have to take it upon ourselves to do these things and we can’t do it without a proper support structure from people on the outside.

Talk to your families, talk to your friends, talk to your loved ones out there (show them this newsletter if you have to), see what they would be willing to do to start up programs for Nevada prisoners. Something needs to be done, but nothing will improve unless prisoners start taking the initiative. The guys who have to do life sentences, or who have to be here for the duration, I encourage you to start learning the law, use it as a tool to make changes for everybody; start stepping up to the plate, instead of waiting for others to do it for you. As long as we keep trying, sooner or later something has to give. It’s better to try than to do nothing, especially when we’re living like this! We can do anything we put our minds to, it all starts with a thought, and what we think about we become, so let’s get it cracking.

Until then, we are just going to sit here, warehoused in this misery, as the years go by, more people losing their minds, more deaths and suicides, more repression, more rules being placed on us, making it harder on us, more restrictions, more losses of privileges and whatever else they want to take from us. We will sit here with sad looks on our faces, as anger and hatred eat us up inside. The despair will lead to depravity, and the depravity will do us in. Death is the only outcome tomorrow, for those that don’t start taking action today.

by Justice Denied – the magazine for the wrongly convicted on Saturday, November 20, 2010 at 1:02pm

Kirstin Blaise Lobato’s saga of twice being convicted of a Las Vegas murder committed in 2001 when the then 18-year-old woman was 170 miles from the crime scene, has been written about in two lengthy articles in Justice Denied, and two books published by Justice Denied/The Justice Institute.

On May 5, 2010, Ms. Lobato filed a pro se 770-page state habeas corpus petition in the Clark County District Court. The petition includes 79 grounds for a new trial, including 21 grounds of new evidence, 1 ground each of prosecutor, police and jury misconduct, 2 grounds of Brady violations, 52 grounds of ineffective assistance of counsel, and 1 ground of her actual innocence. Her petitions 101 exhibits include Reports by 10 expert witnesses, and Affidavits by almost a dozen alibi witnesses.

Ms. Lobato battled pro se against the State’s opposition to her habeas petition for more than 6 months until November 5, 2010, when Travis Barrick agreed to represent Ms. Lobato pro bono until she is appointed counsel by the court. Mr. Barrick was the losing candidate for Nevada’s Attorney General in the election held on November 2, 2010. Mr. Barrick is one of Nevada’s most well-known lawyers, and his involvement immediately changed the dynamics in Ms. Lobato’s habeas case by giving her claims of innocence a stamp of credibility.

Judge Valorie Vega was visibly stunned on November 9, 2010, when she saw Mr. Barrick standing next to Ms. Lobato in the courtroom during a hearing that had been scheduled to hear several motions filed pro se by Ms. Lobato. Judge Vega had not seen Mr. Barrick’s Notice of Appearance, and instead of continuing with the hearing she reset it for December 15, 2010.

For information about Kirstin Blaise Lobato’s case see the following websites:

Justice Denied’s Kirstin Blaise Lobato case webpage, that includes order information for the book by Hans Sherrer, “Kirstin Blaise Lobato’s Unreasonable Conviction.” Also included are links to Justice Denied’s articles about Ms. Lobato’s case.

Like this:

It is clear that Warden O. Baca at the High Desert State Prison, located in Indian Springs, Nevada, has focused his attention on Prisoner James Wardell #92924 for exercising his First Amendment rights for filing a Prison grievance and to pursue Civil Rights litigation in the courts for Retaliation by his appointed official.

Inmate Wardell filed a grievance on Warden Baca for pulling him out of cell 3-B-#15 and putting him in cell # 1 at (OPS) naked for 10 days in an isolation cell in unit #14 called the Operations Building.

This was done because Inmate Wardell exposed one of Warden Baca´s well-known informants, or because Inmate Wardell has been vocal over the abuses the H.D.S.P. is well-known for, such as poor living conditions, cold food no matter when it´s served, the facility´s refusal to follow its own AR´s and Procedures that were inacted, yet the staff refuse to follow, ad they do as they wish. With full knowledge they´re not going to be instructed to do otherwise! Inmate Wardell is now being refused release from Ad. Seg., all because Warden Baca told his Caseworker: Quote:

I don´t like Wardell, “So transfer Wardell off my yard right now.”

But O.M.D. (Offender Management Division) said no to the transfer, and Warden Baca still refuses to release Inmate Wardell back into General Population.

This Inmate has no enemies or sepertees listed on H.D.S.P., has been on this prison yard for over 20 months now, and has not been involved in any recorded violent issues.

But it´s clear that Warden Baca´s retaliation methods are because Mr Wardell is exercising his Constitutional Rights, and because Mr Wardell is vocal on Prison Reform and argues for changes to help the Prisoners, as some are clearly in fear of retaliation over such that he is faced with now. In which Warden Baca´s actions can only be construed to chill Mr Wardell´s First Amendment Rights.

Because there is no legitimate penological purpose for not returning Prisoner Wardell back to G.P. except for Warden Baca´s dislike of said prisoner, if this is not a clear view of retaliation by a Prison Administrator, we would hate to venture to see what is.

So this is the Nevada Department of Corrections Policy of how they deal with men who try to exercise their Constitutional Rights, or voice their views and opinions over mistreatment and abuses?

Affidavit

State of Nevada

County of Clark

Sworn Affidavit per NRS 208.165

I James K. Wardell, do hereby swear under the Penalty of Perjury that I have made the above statement, and can back up these facts with Documentation to the truth.

Dated this 11th Day of November 2010

Signed: James K. Wardell #92924

Note:

Inmate Wardell has had e-mail (Jpay) withheld for up to 10 days (The Vera Institute of Justice Accountability Report on the NDOC).

Personal mail received but no contents in the envelopes, property confiscated and refused to mail out his property. And now that he is 149 days from discharging they refuse to release him from Ad.Seg. back to G.P.!

You can judge a nation by how it treats its prisoners. What grade do we give the State of Nevada?

Mr Wardell requests to have this published here. In support of his grievance, we do so. We hope that his rights will be acknowledged and that retaliation will no longer be tolerated at all inside the prisons in Nevada.

From a visitors’point of view: Has Howard Skolnik ever seen the empty visiting room at ESP? Does he know how much it already costs visitors to get to Ely from anywhere?What about cutting the number of lawsuits against NDOC by NDOC keeping to their own rules?

Prison officials here say $9 million a year could be saved annually if the Nevada State Prison in Carson City was closed and turned into a tourist attraction or training center, according to reports.

CARSON CITY, Nev. — Prison officials here say $9 million a year could be saved annually if the Nevada State Prison in Carson City was closed and turned into a tourist attraction or training center, according to reports. In promoting efficiency in state government, Nevada Department of Corrections Director Howard Skolnik said other prisons could house the more than 600 inmates presently at Nevada State Prison, the state would not need to build another prison for 10 years.

Money saved from the closure could be put into other areas, such as education.In his proposed budget submitted to Gov. Jim Gibbons, Skolnik not only called for the prison to be closed, but suggested the elimination of extra pay for those officers working in rural areas. Skolnik said he reduced the extra pay for rural officers to get within the 10 percent reduction ordered by the governor.

He also recommended a one-time $15 charge for a person who visits an inmate, which would cover part of the background check cost. The downturn in the economy has also nixed a plan to build an industrial park in Clark County on 22 acres the prison owns.

Nevada Correctional Officers Association President Gene Columbus questioned how much money could be saved and predicted that eliminating extra pay would result in a “mass exodus” of workers.